Confirmed Affordable Mobile Notary Services, LLC
Shante' Suber
State of Texas
Mobile Notary Public & Certified Signing Agent
*All services by confirmed appointment only*
(214) 962-7236
News For You!
"CONFIRMED AFFORDABLE MOBILE NOTARY SERVICES IS NOT AN ATTORNEY OFFICE LICENSED TO PRACTICE LAW IN THE STATE OF TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
TX/HB 1217
by American Association of Notaries
HB 1217 was signed and approved by the Governor on June 1, 2017. This bill enacts the “Online Notary Public” relating to notaries public who perform notarial acts by means of two-way video and audio conference technology. This bill prescribes significant provisions worth noting such as: (1) requiring an applicant satisfy the qualification requirements for appointment as an online notary public; (2) requiring an online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public; (3) requiring an online notary public shall keep the online notary’s electronic record for at least five years after the date of the transaction or proceeding;and (4) authorizing an online notary public or the online notary public’s employer to charge a fee in an amount not to exceed $25 for performing an online notarization.
HB 1217 adds a new Subchapter C to Chapter 406 of the Texas Government Code; amends Sections 121.006 by adding Subsections (c) and (d); and amends Chapter 121 by adding Section 121.016 to the Texas Civil Practice and Remedies Code.
This bill:
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Provides definitions pertaining to electronic notarial acts such as “credential analysis,” “electronic,” “electronic notarial certificate,” “electronic signature,” “online notary public,” “remote presentation,” and “online notarization.”
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Defines “online notarization” as a notarial act performed by means of two-way video and audio conference technology that meets the standards for online notarizations adopted pursuant to this Act.
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Provides the qualification requirements for appointment as an online notary public: (1) satisfying the qualification requirements for appointment as a notary public under Subchapter A; (2) electronically submitting to the Secretary of State an application in the form prescribed by such office; and (3) paying the application fee.
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Establishes that an online notary public is a notary public for purposes of statutory provisions governing notaries public and is subject to those provisions to the same extent as a notary public appointed and commissioned under those statutory provisions.
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Authorizes that an online notary public may perform notarial acts as provided by Subchapter A in addition to performing online notarizations.
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Requires that an online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public.
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Provides a list of the notarial information in detail that must be recorded in the online notary public’s electronic record for each online notarization.
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Requires an online notary public to include a recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence for the online notary’s electronic record.
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Requires that an online notary public shall take reasonable steps to: (1) ensure the integrity, security, and authenticity of online notarizations; (2) maintain a backup for the electronic record required by Subsection (a); and (3) protect the backup record from unauthorized use.
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Requires that an online notary public must keep the online notary’s electronic record for at least five years after the date of the last transaction or proceeding.
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Requires that an online notary public shall take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by the device’s issuing or registering authority.
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Requires that an online notary public shall keep the online notary’s electronic record, electronic signature, electronic seal secured and under the online notary’s exclusive control.
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Prohibits an online notary public from allowing another person to use the notary’s electronic record, electronic signature, or electronic seal.
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Strictly dictates that an online notary public may use the online notary public’s electronic signature only for performing online notarization.
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Requires an online notary public to attach the online notary public’s electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident.
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Requires an online notary public to write down in the electronic notarial certificate for an online notarial act if the person appeared by an interactive two-way audio and video communication that meets the online notarization stipulations.
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Requires an online notary public to immediately notify an appropriate law enforcement agency and the Secretary of State of the theft or vandalism of the online notary public’s electronic record, electronic signature, or electronic seal.
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Requires that an online notary public shall immediately notify the Secretary of State of the loss or use by another person of the online notary public’s electronic record, electronic signature, or electronic seal.
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Provides the online notarization procedures, the online notary public: (1) is authorized to perform online notarizations regardless of whether the principal is physically located in this state at the time of the online notarization; (2) must verify the identity of a person creating an electronic signature at the time that the signature is taken by using two-way video and audio conference technology that meets the statutory requirements and adopted rules; (3) shall take reasonable steps to ensure that the two-way and audio communication used in an online notarization is secure from unauthorized interception; and (4) record on the electronic notarial certificate that the notarization is an online notarization.
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Authorizes an online notary public or the online notary public’s employer to charge a fee in an amount not to exceed $25 for performing an online notarization.
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Requires an online notary public whose commission terminates to: (1) destroy the coding disk, certification card, software, or password that enables electronic affixation of the online notary public’s official signature and seal; and (2) certify compliance with this subsection to the Secretary of State.
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Stipulates that an online notary public whose commission terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described by Subsection (a) if the former online notary public is recommissioned as an online notary public with the same electronic signature and seal within three months after the former online notary public’s former commission terminated.
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Provides that a person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling an online notary public to affix an official electronic signature or seal, commits a Class A misdemeanor.
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Requires the Secretary of State to adopt rules to implement the Online Notary Public, including rules to develop and maintain standards to facilitate online notarizations, and standards for credential analysis and identity proofing.
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Authorizes the Secretary of State to confer with the Department of Information Resources or other appropriate state agency on matters relating to equipment, security, and technological aspects of the online notarization standards.
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Requires that an acknowledgment form must include a space for an online notarization to indicate by which method the acknowledging person appeared before the notarial officer.
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Establishes that, to the extent that statutory provisions relating to acknowledgments and proofs of written instruments conflict with the provisions governing online notaries public, those provisions control with respect to an online notarization.
Top Five Notary Signing Agent Mistakes
by American Association of Notaries
Humans make mistakes. We just can't be right 100% of the time. With repetition and sound practices, however, most mistakes made can be eliminated. Here are the top mistakes notary signing agents make so you can be on the lookout.
1- Missing Signatures. If you are lucky enough to receive the package ahead of time, tab the pages that require signatures, so you will be less likely to miss a signature. Check, double check, and triple check every page before you leave the signing and once more before you drop.
2- Acknowledgment filled out incorrectly. Make certain you have filled in the county, state, date, and borrower's name. If you need to make a correction, make one line through the error and initial it. Check that you have spelled the borrower's name correctly, used any middle initials or suffixes, and any additional language such as trustee or power of attorney, as well.
3- Font is shrunk down. Having a dual tray printer eliminates this mistake. If you don't have a dual tray printer, legal paper is usually an acceptable alternative, but you will want to check with your customer first. Shrinking your documents to fit letter-size paper alters the size of the font, and many counties have a minimum font requirement. This mistake usually causes the county to reject the document for recording, and then a return trip to the borrower needs to be made.
4- Notary stamp is illegible. Always make certain your notary stamp is inked and carry a bottle of ink with you just in case. If your stamp and the entire seal isn't legible, you need to find a way to correct it. Swapping your copy for the borrower's copy and starting from scratch is the best alternative. If a copy isn't available, you can cross out the illegible notary stamp impression and stamp again or add an acknowledgment to the document.
5- Additional items weren't collected. Be certain you have checked your instructions and verified if anything additional is required. Items such as copies of ID, credit card statements, death certificates, and powers of attorney may need to be returned with the package. If funds are due, verify if a personal check is acceptable or a certified check is required and confirm to whom it needs to be made payable.
Practicing Law without a License / Unlawful Advertising
by American Association of Notaries
The following are issues that are addressed by law in many states and may carry severe penalties. Notaries in those states that do not address these issues should heed the following:
A notary must not act as an attorney if not licensed to practice law. A notary public not licensed to practice law may not give legal advice or accept fees for legal advice. This includes giving ANY advice regarding the transaction, preparing forms, explaining forms and their meanings, advising the signer of what type of notary act is required (oath or acknowledgment), or in any advertisement stating or implying authority the notary does not possess.
A notary must not advertise as an immigration consultant or specialist. A notary must avoid notarization requests regarding immigration documents and should instead refer the signer to an attorney or to the Immigration and Naturalization Service (INS).
A notary must not unlawfully advertise services. A notary public who is not an attorney and who advertises the services of a notary public in any language other than English, whether by signs, pamphlets, stationery, or other written communication or by radio or television, MUST also include with the advertisement a notice that the notary public is not an attorney. The notice must be in English and in the language of the advertisement and in letters of a conspicuous size. If the advertisement is by radio or television, the statement may be modified, but must include substantially the same message. The notice should include the following statement:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN (YOUR STATE) AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
A notary may not translate "notary public" into Spanish. Literal translation of the phrase "notary public" into Spanish (notario or notario publico) is prohibited in many states. "Literal translation" means the translation of a word or phrase without regard to the full connotation of the word or phrase in the language that is being translated. This law is due to the many cases of fraud against Spanish-speaking individuals who believe a 'notario publico' to be an attorney - with all of the authority of that position.
Refusing to Notarize When There Is
a Question of Benefit
by American Association of Notaries
A notary public should comply with every reasonable request when called upon to notarize a document. However, there are times when a request may not only be unreasonable, but may actually be unlawful.
It is important for notaries to be clear about statutory restrictions against certain types of notarizations based on the laws of their own state, but a notary must also be able to use sound judgment when he or she is faced with specific notarial situations.
Obviously, and in every state, notaries are disallowed from notarizing their own signature. But what about occasions when a notary is asked to notarize signatures and documents of family members? For the majority of states, notarizing for family members is more or less a gray area; few, if any, guidelines are included in the notary procedures. Only a few of the states indicate considerations and guidelines when notarizing for relatives.
What is meant by 'benefits' or 'interests' with respect to notarizations? There are various types of interests inherent in familial transactions; notaries must be aware of them and steer clear of notarizing when they occur. Interests may be direct - where the notarized document will presently and directly benefit the notary; or indirect - where the notarized document will provide a future benefit to the notary.
Certain transactions may contain what is known as vested interest. Vested interests are interests that contain a promise of present or future enjoyment. An example of a transaction in which the notary may experience a vested interest from the family member might be when notarizing a deed or mortgage during a transfer of real property. If a mother or father is purchasing a property where the notary will presently take up residence, or which the notary may inherit on the parent's death, the notary has a vested interest in the transaction and should not notarize.
There are other transactions in which a notary may obtain a beneficial interest. This may occur, for instance, if a notary is named as a beneficiary in a trust or pension. The notary is not the owner of the fund or capital, but has the potential of receiving benefits from that fund or capital based on certain conditions. If a notary is presented with this type of document from a family member, he or she should also abstain from notarizing.
What arises from the above types of transactions is a conflict of interests. The conflict of interests does not exist between one constituent and another but between the notary and the constituent. A notary, by law and definition, must be at all times an impartial witness or a disinterested party to transactions. This means that the notary must have absolutely no interest, benefit or stake in the transaction. When there is a beneficial or vested interest, the notary receives a profit and should extricate himself from anything connected with the transaction.
It is very important for the notary to realize that the benefits inherent in these transactions may be obscure and subtle.
On the face of it, there may be no apparent benefit from the transaction, but where family relations are concerned, there are eventualities that may impart a future benefit to the notary. For this reason, notaries are encouraged to steer clear of notarizing for family members, and, wherever possible, a notary should direct the family member to another notary. These hidden benefits may also exist in transactions between friends, so notaries must constantly be vigilant to assure that no transaction in which they have performed the notarization contains a personal benefit, lest the notarization ever be challenged in a court legal proceeding.
Friends and family members may be annoyed or bewildered when the notary refuses to notarize for them. A good way to handle these situations is to explain that for the mutual best interests of the notary and family member, it is prudent for an unrelated notary to perform the transaction.
Do I-9 Forms Require Notarization?
by American Association of Notaries
Many notaries across the nation receive requests from an employer to notarize or verify Employment Eligibility Verification (I-9) forms. The completion of an I-9 Form for each employee is mandated for every employer or agricultural recruiter/referrer-for-a-fee hirer. (An agricultural referrer is any farm labor contractor or agricultural employer or association.) All such employers and recruiters are subject to periodic ICE (Immigration and Customs Enforcement) inspections to assure that accurately completed I-9 forms are on file for every employee; violators are subject to fines and administrative sanctions. Thus the proper completion and execution of the I-9 form is of extreme importance.
What is the I-9 Form?
The I-9 Form is a multi-page document generated by the office of the United States Citizenship and Immigration Services for the Department of Homeland Security used for the purpose of verifying the employment eligibility of every new employee who accepts a job in the United States as of November 6th, 1986. This form must be completed by the employer as of the first day of employment for new employees. This is without exception; it includes even individuals working in a temporary capacity for only a few days. It also includes non-citizen residents and foreign visitors with a temporary work visa. In Section 1 of the I-9, employees are asked to fill out the top portion of the I-9 form which contains demographical information and asks them to state their US residency status, whether citizen, non-citizen, lawful permanent resident, or alien authorized to work. In Section 2 of the I-9, employers are then asked to obtain proof of identity and proof of authorization to work from the employee.
Does the I-9 Form Require Notarization?
When perusing the I-9 form, the notary will see that the I-9 form does not contain a notarial certificate and therefore does not require notarization. So what is causing this confusion among notaries? The wording on the I-9 Form and the identification requirements confuses some individuals into thinking that the form must be notarized. Employees are asked to "attest under penalty of perjury…" that their statements and documentation are true. Rather than requiring the use of a third party, such as a notary, the form itself indicates to the employee that Federal law provides for fines and imprisonment for false statements. Additionally, the employer must examine identification documents and work authorization documents from the employee to determine their eligibility to work in the United States. There are various documents in three separate lists from which the employee can chose to submit to verify identity and employment eligibility.
The employer is not permitted to determine or decide which documents the employee must produce as long as the documentation is provided from the lists in the I-9 form's Lists of Acceptable Documents. Employers may feel inadequate or uncomfortable examining these documents and often will request the services of the notary, whom the employer feels is much more qualified to scrutinize identification documents such as passports, military ID cards, and alien green cards. Section 2 of Form I-9, which is the part to be completed by the employer, may also be filled out and completed by the employer's authorized representative. In this case, a notary may be called upon to act in such a capacity. He may be called to a movie set to 'notarize' all the I-9's for a group of "actor extras"; or he may be called to a science or technology lab to handle the execution of an I-9 for a physicist hired to work on a top secret formula.
How Should a Notary Handle I-9 Forms Requests?
While the United States Citizenship and Immigration Services Office permits individuals assigned by the employer to fill out this identification/work eligibility portion of the I-9, some states, for example Texas, prohibit the notary from completing the I-9 on behalf of the employer. It is incumbent upon you as a notary to determine beforehand whether or not your state permits this type of action. If your state disallows notaries to fill out the form, you as the notary must decline to participate. Consult the Secretary of State's office in your particular jurisdiction or the office of the individual responsible for notaries in your state. Since this type of documentation does not call for "notarization" in the classical sense, there can be no penalty for declining or refusing. A notary has the option to decline to serve in this capacity if he feels uncomfortable or is unable to verify if his governing body prohibits notaries from performing such an action. If your state permits you, as the notary, to fill out the I-9 form, you should follow the instructions carefully and examine the ID and employment eligibility documents just as carefully as you would for any notarization. Making copies of the ID documents is optional; you should look to the employer for direction in this area. If photocopies of the ID are made, they will be kept together with the I-9 for the duration of employment.
Most important: Since the I-9 form does not require notarization, you must never use your notary stamp and seal on the I-9 form under any circumstance. The I-9 form is not submitted to any office. It is kept on file with the employer for three years after its initial completion or for one year after employment terminates, whichever is longer. This form must be produced if inspectors or investigators from DHS visit the place of employment and ask to see it.
For further information, contact the United States Office of Citizenship and Immigration Services @ http://www.uscis.gov/i-9-central or the Department of Homeland Security @ http://www.dhs.gov/.
